MILLSTONE TOWNSHIP PLANNING BOARD MINUTES JANUARY 11, 2006 At 7:36 p.m., Chairman Newman called the meeting to order. Sworn in are Messrs. Sico, Pado, Pepe, Blanco and Kucziniski (arriving at 7:40 p.m. Roll Call Vote: Present: Blanco, Grbelja, Maltz, Pepe, Sico, Zanetakos, Haag, Newman, Pado: Absent: D’Amico. Late: Kucziniski. Election of Officers: Ms. Grbelja made a Motion to nominate Mitch Newman as Chairman and Mr. Maltz offered a second. Roll Call Vote: Grbelja, Maltz, Blanco, Pepe, Sico, Zanetakos, Haag and Pado voted yes. Mr. Maltz made a Motion to nominate Donna Haag as Vice-Chairman and Mr. Pepe offered a second. Roll Call Vote: Maltz, Pepe, Blanco, Grbelja, Sico, Zanetakos, Newman and Pado voted yes. Ms. Grbelja made a Motion to appoint Pam D’Andrea as Board Secretary and Mr. Zanetakos offered a second. Roll Call Vote: Grbelja, Zanetakos, Blanco, Maltz, Pepe, Sico, Pado, Newman and Haag voted yes. Mr. Maltz made a Motion to appoint Michael B. Steib, Esq. as Board Attorney and Mr. Zanetakos offered a second: Roll Call Vote: Maltz, Zanetakos, Blanco, Kucziniski, Pepe, Grbelja, Sico, Haag and Newman voted yes. Ms. Grbelja made a Motion to appoint Christopher P. Rosati, P.P., P.E. of Leon S. Avakian, Inc., as Board Engineer and Mr. Sico offered a second. Roll Call Vote: Grbelja, Sico, Blanco, Kucziniski, Zanetakos, Maltz, Pepe, Newman and Haag voted yes. Mr. Pepe made a Motion to appoint Richard T. Coppola, P.P. of Coppola and Coppola as Board Planner and Mr. Maltz offered a second: Roll Call Vote: Pepe, Maltz, Zanetakos, Blanco, Kucziniski, Grbelja, Sico, Haag and Newman voted yes. Ms. Grbelja made a Motion to appoint Angela G. Buonantuono as Board Court Reporter and Mr. Maltz offered a second. Roll Call Vote: Grbelja, Maltz, Blanco, Kucziniski, Pepe, Sico, Zanetakos, Haag and Newman voted yes. 1 Ms. Grbelja made a Motion to adopt the Asbury Park Press and The Messenger Press as the official Board Newspapers and Mr. Maltz offered a second. Roll Call Vote: Grbelja, Maltz, Blanco, Kucziniski, Pepe, Sico, Zanetakos, Haag and Newman voted yes. Mr. Maltz made a Motion to adopt the following monthly meeting schedule and Mr. Sico offered a second. Roll Call Vote: Maltz, Sico, Blanco, Grbelja, Kucziniski, Pepe, Zanetakos, Haag and Newman voted yes. To be held on the following dates in 2006 and the first meeting date in 2007 at 7:30 p.m. in the Municipal Building located at 215 Millstone Road, Perrineville, New Jersey. January 11, 2006 July 12, 2006 February 8, 2006 August 9, 2006 March 8, 2006 September 13, 2006 April 6, 2006 October 11, 2006 May 10, 2006 November 8, 2006 June 14, 2006 December 13, 2006 January 10, 2007 Approval of Minutes of December 14, 2005. Ms. Grbelja made a motion to approve and Ms. Haag offered a second. Roll Call Vote: Grbelja, Haag, Maltz, Zanetakos and Pado voted yes. Chairman Newman opened the public comment portion at 7:50 p.m. and closed same at 7:50 after seeing no public comment. RESOLUTIONS: P05-24 FORTY-FOURTEEN ACRES – Block 16, Lot 10.08. Rike Drive. 2.99 acres located in the BP Zone. Applicant granted one-year extension of time within which to finish site improvements. Mr. Pado made a Motion to memorialize and Ms. Grbelja offered a second: Roll Call Vote: Pado, Grbelja, Maltz, Zanetakos and Haag voted yes. P05-08 IVANHOE BROOK ESTATES – Block 57.01, Lots 25, 26, 26.01 known as Section 4 and Block 55, Lot 4, known as Section 3. Applicant’s phasing plan granted on 12/14/05. Mr. Steib offered a clarification of the phasing plan advising the applicant has phasing through June. If the Board did not grant any further extensions, the applicant must be done by June 2006. Mr. Zanetakos made a Motion to memorialize and Mr. Maltz offered a second. Roll Call vote: Zanetakos, Maltz, Haag and Pado voted yes. Abstain: Grbelja. 2 P05-13 GALLOPING HILLS WEST – Block 25, Lots 10 and 13. Zone R-80. Located at Stagecoach Road (Route 524). Site Plan. Applicant requested to return to the Planning Board for permission to remove existing structures pursuant to condition No. 13 of the Resolution memorialized October 10, 2001. Carried from 8/10/05. Applicant requested matter be carried to 1/11/06. Mr. Steib advised that they are not on the Agenda but the application is now moot and the Board should take action to dismiss the application to take it off of the books. Mr. Maltz made a motion to dismiss without prejudice and Ms. Grbelja offered a second: Roll Call vote: Maltz, Grbelja, Blanco, Kuczinizki, Pepe, Zanetakos, Haag and Newman voted yes. NEW APPLICATIONS: P05-17 FIRST CHOICE – Block 16, Lot 9.10. Located on Rike Drive. 3.26 acres in the BP Zone. Applicant seeks Preliminary and Final Major Site plan approval to construct a 20,843 s.f. building consisting of 8,000 s.f. office space and 12,483 s.f. warehouse. Mr. Pado steps down for the application. Mr. Steib announced that the applicant has noticed properly and the Board takes jurisdiction over the application. The applicant is represented by Kenneth Pape, Esq. The application is carried to a date certain of February 8, 2006. Applicant grants an extension of time through March, 2006. The Board unanimously voted to carry the application. P05-18 BENNETT, ROBERT – Block 16, Lot 9.11. Located on Rike Drive. 3.42 Acres in the BP Zone. Applicant seeks Preliminary and Final Major Site Plan Approval to construct a 14,875 sq. foot building. Mr. Pado stepped down for the application. Mr. Steib announced that the applicant has noticed properly and the Board takes jurisdiction over the application. John Stolz, Esq. represents the applicant. The application is carried to a date certain of February 8, 2006. Applicant grants an extension of time through March, 2006. Mr. Maltz made a motion to carry pending a letter granting the extension to be received within seven days. Mr. Sico offered a second. All members unanimously voted to carry. P05-19 HUNEKE, ROBERT – Block 16, Lots 6 and 6.02. Located at 21 Huneke Way. Consists of 35.82 acres in the RU-P Zone. Applicant seeks Preliminary 3 and Final Major Subdivision Approval to modify two lots into 3 lots. Applicant seeks waiver from soils testing. Mr. Steib explained the applicant is seeking a waiver from soils testing but has provided noticing for the application itself. Mr. Steib has reviewed the packet and finds same to be in order to accept jurisdiction over the application. Mr. Kenneth Pape, Esq. representing the applicant gave a brief overview of the property as 32 acres consisting of 2 residential lots for which the applicant wishes to subdivide into three. The applicant grants an extension of time through March 2006 and will provide this extension in a letter to the Board. Mr. Pape explains that the applicant is seeking a partial testing of the soils and explained the agricultural history of the property has been to house two horses for recreational purposes. There was a chicken farm on the property in the past. There were two residences and one burnt down in the 1990’s. Nine separate test pits were conducted throughout the site. None revealed any areas containing elevated levels of arsenic or pesticides. They looked for all pesticides associated with farm activities. The Applicant requests the Board accepts the proofs so the applicant can proceed with the application. Crest Engineering did a Phase 1 on the project. Mr. Rosati saw no red flags in the Phase 1 report. Ms. Grbelja mentioned that the Open Space and Farmland Preservation Council might have an interest in the application concerning a potential trail easement on the property. Mr. Steib advised the Board that they can waive a submission of the required testing or they Board can ask the applicant to supply the information. The applicant explained why petrol chemical testing was not done. Mr. Maltz made a Motion to grant the submission waiver and Mr.,. Zanetakos offered a second. Roll Call Vote: Maltz, Zanetakos, Blanco, Grbelja, Kucziniski, Pepe, Sico, Haag and Newman voted yes. The applicant has been carried to February 8, 2006. P05-25 NURKO, ANN AND PETER – Block 7, Lot 2. Located on Parkside Way and Nurko. 31.9 acres located in the R-130 Zone. Applicant received 4 Preliminary Major Subdivision approval 4/9/03 and Resolution Memorialized on 5/14/03. Applicant seeks Final approval. Mr. Kenneth Pape, Esq. representing the applicant. He explained the application. Preliminary approval was received in Spring 2003. One bulk variance was needed for the homestead farm. The balance of the property required no variances. Mr. Pape went over the report of Engineer Chris Rosati dated 1/9/06 and can comply with the report. Additional soils testing was performed as a result of a condition of preliminary compliance. Mr. Strong, the engineer is on vacation but did additional testing. One test pit came up and the applicant filed a memo with the State for issuance of an NFA letter. Deep tilling 36 ‘ has been going on and more will be tilled when the ground is dry. Chairman Newman advised that Final Maps would not be signed until the NFA letter is received. Mr. Steib stated that is condition of preliminary approval. Mr. Pape advised that the applicant would widen the road and rebuild and resurface. Mr. Pape advised there is no change in the design. Mr. Steib marks the following exhibits into evidence: A-1 Letter from Attorney Kenneth Pape dated 10/12/05 requesting hearing date for Final approval A-2 Resolution granting Preliminary Major Subdivision Approval with a Waiver and Variance memorialized 5/14/03 A-3 Final Plat of Major Subdivision prepared by Crest Engineering dated 12/06/02, Last Revised 9/8/05 A-4 Soils Logs for 3 test pits 12/19/05 A-5 MOA with the State dated 3/13/03 PB-1 Report from Board Engineer dated 1/9/06 The Board asked Mr.